COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 83621
 
 
STATE OF OHIO, EX REL.,       :         ORIGINAL ACTION
WILLIAM A. PATTERSON, JR.     :
                              :         JOURNAL ENTRY
          Relator             :              AND
                              :            OPINION
     vs.                      :
                              :
JOSEPH D. RUSSO, JUDGE        :
                              :
          Respondent          :
 
 
DATE OF JOURNALIZATION:            DECEMBER 5, 2003
 
CHARACTER OF PROCEEDINGS:          WRIT OF MANDAMUS
 
JUDGMENT:                          Writ Dismissed.
                                   Motion No. 354407
                                   Order No. 354696
 
APPEARANCES:
 
For Relator:                       WILLIAM A. PATTERSON, JR., PRO SE
                                   Cuyahoga County Jail
                                   P. O. Box 5600
                                   Cleveland, Ohio 44101
 
 
For Respondent:                    WILLIAM D. MASON, ESQ.
                                   Cuyahoga County Prosecutor
                                   BY: L. CHRISTOPHER FREY, ESQ.
                                   Assistant County Prosecutor
                                   Justice Center - 9th Floor
                                   1200 Ontario Street
                                   Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
Judge Frank D. Celebrezze, Jr.:
 
     On October 15, 2003 relator William A. Patterson, Jr.
 
commenced this mandamus action. In his petition, he asks this
 
court to overturn Judge Joseph D. Russo's denial of his motion to
 
suppress thereby allowing the prosecution to use a photo array in
 
State v. Patterson, Cuyahoga County Court of Common Pleas, Case
 
Nos. 437813, 436959. On November 17, 2003, respondent, through the
 
Cuyahoga County Prosecutor 's Office, filed a motion to dismiss
 
petition for writ of mandamus. For the following reasons, we grant
 
respondent's motion to dismiss.
 
     A Civ.R. 12(B)(6) motion to dismiss for failure to state a
 
claim may be granted when it appears beyond doubt from the face of
 
the petition, presuming the allegations contained in the petition
 
are true, that the petitioner can prove no set of facts which would
 
warrant the relief sought. State ex rel. Neff v. Corrigan (1996),
 
75 Ohio St.3d 12, 661 N.E.2d 170. The relief sought herein is a
 
writ of mandamus.
 
     In order for this court to issue a writ of mandamus, a relator
 
must establish that: 1) the relator possesses a clear legal right
 
to the relief prayed; 2) the respondent possesses a clear legal
 
duty to perform the requested act; and 3) the relator possesses no
 
plain and adequate remedy in the ordinary course of the law. State
 
ex rel. Manson v. Morris (1993), 66 Ohio St.3d 440, 613 N.E.2d 232,
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -3-
 
citing State ex rel. Berger v. McMonagle (1983), 6 Ohio St.3d 28,
 
451 N.E.2d 225.
 
     In this matter, we find that Patterson has a plain and
 
adequate remedy at law through a direct appeal.     State ex rel.
 
Walker v. Bowling Green (1994) 69 Ohio St.3d 391, 632 N.E.2d 904;
 
State ex rel. Baker v. Schiemann (1993), 67 Ohio St.3d 443, 619
 
N.E.2d 692; State ex rel. Kuczak v. Saffold (1993), 67 Ohio St.3d
 
123, 616 N.E.2d 230.
 
     Additionally, Patterson failed to support his complaint with
 
an affidavit "specifying the details of the claim" as required by
 
Local Rule 45(B)(1)(a).   State ex rel. Wilson v. Calabrese (Jan.
 
18, 1996), Cuyahoga App. No. 70077;       State ex rel. Smith v.
 
McMonagle (July 17, 1996), Cuyahoga App. No. 70899.
 
     We also find that Patterson's petition as to his request for
 
a writ of mandamus is defective since it is improperly captioned.
 
A petition for a writ of mandamus must be brought in the name of
 
the state, on relation of the person applying. Patterson's failure
 
to properly caption his petition as to the writ of mandamus
 
constitutes sufficient reason for dismissal.    Allen v. Court of
 
Common Pleas of Allen Cty. (1962), 173 Ohio St. 226, 181 N.E.2d
 
270;  Dunning v. Judge Cleary (Jan. 11, 2001), Cuyahoga App. No.
 
78763.
 
     Accordingly, we grant the respondent's motion to dismiss.
 
Relator to bear costs. It is further ordered that the clerk shall
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                              -4-
 
serve upon all parties notice of this judgment and date of entry
 
pursuant to Civ.R. 58(B).
 
    Writ dismissed.
 
 
                                    FRANK D. CELEBREZZE, JR.
                                             JUDGE
 
PATRICIA A. BLACKMON, P.J., CONCURS
 
COLLEEN CONWAY COONEY, J., CONCURS
 
.